1. Chapter 7 The Judicial Branch
American Civics
4/21/2017
Chapter 7 The Judicial Branch
Section 1: Equal Justice Under the Law
Section 2: The Federal Court System
Section 3: The Supreme Court
Chapter 7

2. The rights of all U.S. citizens are protected by laws and the courts.
American Civics
4/21/2017
Section 1: Equal Justice Under the Law
The Main Idea
The rights of all U.S. citizens are protected by laws and the courts.
Reading Focus
In what ways is the United States a nation of laws?
What are the four sources of law in the United States?
What roles do the courts play in the United States?
Chapter 7

3. Majority rule affects the making of laws.
American Civics
4/21/2017
Section 1: Equal Justice Under the Law
Majority rule affects the making of laws.
Laws usually reflect the opinion of the majority.
Laws are passed for the good of all citizens.
Good citizenship involves abiding by the laws.
Without laws, anarchy could develop.
Chapter 7

4. A Nation of Laws Section 1: Equal Justice Under the Law
American Civics
4/21/2017
Section 1: Equal Justice Under the Law
A Nation of Laws
Society’s rules = Laws
Promote the common good
Protect You
Laws set boundaries or limitations on behaviors
a system of rules that are enforced through social institutions to govern behaviour.
The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
The adjudication of the law is generally divided into two main areas referred to as (i) Criminal law and (ii) Civil law.
Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between individuals or organizations.
These resolutions seek to provide a legal remedy (often monetary damages) to the winning litigant.
"Law is a binding custom or practice of a community; a rule or mode of conduct or action that is prescribed or formally recognized as binding by a supreme controlling authority or is made obligatory by a sanction (as an edict, decree, rescript, order, ordinance, statute, resolution, rule, judicial decision, or usage) made, recognized, or enforced by the controlling authority
Chapter 7

5. Criminal Law Section 1: Equal Justice Under the Law
American Civics
4/21/2017
Section 1: Equal Justice Under the Law
Criminal Law
refers to the group of laws that define what acts are crimes.
A crime is any behavior that is illegal because society, through its government, considers the behavior harmful to society
describes how a person accused of a crime should be tried in court and how crimes should be punished
intended to protect society as a whole
Criminal law, also known as penal law, pertains to crimes and punishment.
Investigating, apprehending, charging, and trying suspected offenders is regulated by the law of criminal procedure
Examples of crimes include murder, assault, fraud and theft.
Criminal law is the body of law that relates to crime. It regulates social conduct and prescribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment.
Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules.
Five objectives are widely accepted for enforcement of the criminal law by punishments: retribution, deterrence, incapacitation, rehabilitation and restoration. Jurisdictions differ on the value to be placed on each.
Chapter 7

6. Civil Law Section 1: Equal Justice Under the Law
American Civics
4/21/2017
Section 1: Equal Justice Under the Law
Civil Law
group of laws that refer to disputes between people
you may go to court to settle the matter
Civil laws are used to settle a wide range of personal issues
Examples-- contract disputes, divorce proceedings, and property boundaries
Civil law (common law), a branch of law which consists of non-criminal law
The rights and duties of individuals amongst themselves is the primary concern of civil law.[6] It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary or punitive damages may be awarded in civil proceedings
A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law.
Chapter 7

7. b e g

8. The rights of all U.S. citizens are protected by laws and the courts.
American Civics
4/21/2017
Section 1: Equal Justice Under the Law
The Main Idea
The rights of all U.S. citizens are protected by laws and the courts.
Reading Focus
In what ways is the United States a nation of laws?
What are the four sources of law in the United States?
What roles do the courts play in the United States?
Chapter 7

9. Four types of U.S. laws: Section 1: Equal Justice Under the Law
Statutory law—passed by lawmaking bodies
Common law—judges’ decisions based on common sense, experience, and practice
Administrative law—created by government agencies
Constitutional law—based on the Constitution and its interpretation by the Court 1 2 3 4

10. Statutory Law
Laws that are passed by lawmaking bodies are known as statutes, or statutory laws.
Passed by federal, state, & local governments
Criminal & Civil Laws
represent majority rule
the law can adapt to the country’s needs

11. Common Law
Is followed in situations not covered by existing law
A type of law that comes from judges’ decisions that rely on common sense and previous cases.
Judges and courts must often make decisions based on customs, traditions, and cases that have been decided before.
Precedent- or earlier decision
Based on
That guides the judges’ decisions in later cases

12. American Civics
4/21/2017 J F K D
Chapter 7

13. The rights of all U.S. citizens are protected by laws and the courts.
American Civics
4/21/2017
Section 1: Equal Justice Under the Law
The Main Idea
The rights of all U.S. citizens are protected by laws and the courts.
Reading Focus
In what ways is the United States a nation of laws?
What are the four sources of law in the United States?
What roles do the courts play in the United States?
Chapter 7

14. laws that are created by government agencies instead of legislatures
American Civics
4/21/2017
Administrative Law
laws that are created by government agencies instead of legislatures
Affects our daily lives
Ex- An unsafe toy can be taken off the market by the Consumer Product Safety Commission
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions) that are part of a national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.
The executive, legislative, and judicial branches of the U.S. federal government cannot always directly perform their constitutional responsibilities. Specialized powers are therefore delegated to an agency, board, or commission. These administrative governmental bodies oversee and monitor activities in complex areas, such as commercial aviation, medical device manufacturing, and securities markets.
Chapter 7

15. Constitutional Law
Based on the Constitution and on Supreme Court decisions interpreting the Constitution
The Constitution is the supreme law of the United States
Prevails over all other laws

16. Role of the Courts Section 1: Equal Justice Under the Law
interpret
Use law to settle disputes
Criminal cases are between society & the individual
Society is represented by an attorney for the gov’t.
Civil cases both sides have attorneys
Assure equal justice for all through fair trials
Right to an attorney, to confront the accuser, & a jury trial
Prove “beyond a reasonable doubt”
Appeal is the process by which the person asks a higher court to review the result of the trial.
Guaranteed by the Constitution

17. l c a i h statutory law common law administrative law
American Civics
4/21/2017 l c a i h
statutory law
common law
administrative law
constitutional law
Chapter 7

18. provide fair public trials ensure equal justice for all
SECTION 1
Question: What roles do the courts play in the United States?
The Roles that Courts Play
provide fair public trials
ensure equal justice for all

19. Section 2: The Federal Court System
The Main Idea
The federal court system consists of the three levels of courts, each of which has specific duties.
Reading Focus
What is the purpose of the U.S. district courts?
How are the U.S. courts of appeals different from the district courts?
What is the role of the Supreme Court?

20. Cases tried in the federal courts:
Section 2: The Federal Court System
Cases tried in the federal courts:
Cases involving people charged with disobeying the Constitution, violating a U.S. treaty, or breaking laws passed by Congress
Charges brought by a foreign country against the United States or its citizens
Crimes committed on U.S. ships at sea

21. Cases tried in the federal courts: (continued)
Section 2: The Federal Court System
Cases tried in the federal courts: (continued)
Ambassadors and consuls charged with breaking laws in a foreign country
Crimes committed on certain federal properties
Disagreements between the states
Lawsuits between citizens of different states

22. U.S. District Courts Three levels of federal courts
Each level of the federal court system is given jurisdiction in several different kinds of cases
The jurisdiction of a court is the extent or scope of authority that court has to hear and decide a case that has properly been brought before it.
Original
Appellate
Base of the federal court system

23. original and appellate

24. Section 2: The Federal Court System
The Main Idea
The federal court system consists of the three levels of courts, each of which has specific duties.
Reading Focus
What is the purpose of the U.S. district courts?
How are the U.S. courts of appeals different from the district courts?
What is the role of the Supreme Court?

25. Organization of Federal Courts
Section 2: The Federal Court System
Organization of Federal Courts
Ninety-four district courts—at base of system; jury trials held here
Courts of Appeal—review district court cases; 12 courts of appeal cover circuits; panels of judges make the decisions
U.S. Supreme Court—highest court in the land; an appeals court; decisions are final

26. U.S. District Courts cont.
lowest level
Trial courts
Original jurisdiction is the authority of a court to hear and decide a case for the first time.
only federal court in which jury trials are held
cannot hear appeals
94 federal district courts
at least one district court in each of the 50 states and in the District of Columbia

27. U.S. District Judges Judges apply the relevant law to the case
conduct both civil and criminal trials
All federal judges, except those in U.S. territories, are appointed for life by the president and must be approved by the Senate
can be removed from office only by impeachment
ensures that judges are not punished for their decisions in cases

28. jurisdiction 94 life president Senate American Civics 4/21/2017
Chapter 7

29. Section 2: The Federal Court System
The Main Idea
The federal court system consists of the three levels of courts, each of which has specific duties.
Reading Focus
What is the purpose of the U.S. district courts?
How are the U.S. courts of appeals different from the district courts?
What is the role of the Supreme Court?

30. Organization of Federal Courts
Section 2: The Federal Court System
Organization of Federal Courts
Ninety-four district courts—at base of system; jury trials held here
Courts of Appeal—review district court cases; 12 courts of appeal cover circuits; panels of judges make the decisions
U.S. Supreme Court—highest court in the land; an appeals court; decisions are final

31. U.S. Courts of Appeals
After a trial in a district court, the losing party may appeal to the next level of courts.
appellate jurisdiction- the power to review decisions made by lower courts
12 judicial circuits
judges are appointed for life
Every convicted person has the right to take their case to an appellate court

32. U.S. Courts of Appeals cont.
do not hold trials
a panel of at least three judges makes a decision on the case
Appellate judges
examine the records of the district court trial
hear arguments by the lawyers for both sides
determine only whether the original trial was fair and if the law was interpreted correctly

33. U.S. Courts of Appeals decision by majority vote
May send the case back to the district court for a new trial
may uphold the district court’s decision
In most cases, the decision of the court of appeals is final.
Sometimes an appeal is made to the U.S. Supreme Court or

34. 12
panel
uphold
to determine whether the original trial was fair and if the law was interpreted correctly

35. Section 2: The Federal Court System
The Main Idea
The federal court system consists of the three levels of courts, each of which has specific duties.
Reading Focus
What is the purpose of the U.S. district courts?
How are the U.S. courts of appeals different from the district courts?
What is the role of the Supreme Court?

36. Organization of Federal Courts
Section 2: The Federal Court System
Organization of Federal Courts
Ninety-four district courts—at base of system; jury trials held here
Courts of Appeal—review district court cases; 12 courts of appeal cover circuits; panels of judges make the decisions
U.S. Supreme Court—highest court in the land; an appeals court; decisions are final

37. Justice=Judge of the Supreme Court
Section 2: The Federal Court System
Justice=Judge of the Supreme Court
The U.S. Supreme Court
Reviews cases from lower federal courts and state courts
Constitutional jurisdiction over:
cases involving diplomatic representatives from other countries
disputes between states
disputes between states and federal government
Original

38. Current Supreme Court Justices
American Civics
4/21/2017
Sonia Sotomayor, Associate Justice, President Barack Obama nominated her as an Associate Justice of the Supreme Court on May 26, 2009, and she assumed this role August 8, 2009.
Elena Kagan, Associate Justice-  In 2009, President Obama nominated her as the Solicitor General of the United States.  A year later, the President nominated her as an Associate Justice of the Supreme Court on May 10,  She took her seat on August 7, 2010.
Current Supreme Court Justices
Chapter 7

39. appealed
cases involving foreign diplomats
State disputes
those between a state and the federal government

40. Question: Which cases are tried in federal courts?
SECTION 2
Question: Which cases are tried in federal courts?
Federal Court Cases
1. constitutional violations
2. U.S. treaty violations
3. congressional law violations
4. cases between a foreign government and a U.S. citizen or the government
5. crimes committed on U.S. ships at sea
6. cases involving U.S. ambassadors and consuls who broke laws in their stationed countries
7. crimes committed on certain types of federal property
8. disagreements between states or citizens of different states

41. Section 3: The Supreme Court
The Main Idea
The Supreme Court hears appeals, reviews laws, and strongly influences American society.
Reading Focus
What is the power of the judicial review?
What are the constitutional checks on the Supreme Court’s powers?
How has the Supreme Court strengthened constitutional rights?

42. The Power of Judicial Review
Judiciary Act of 1789 was declared unconstitutional
Section 3: The Supreme Court
The Power of Judicial Review
Courts decide if a law or presidential action is constitutional.
Supreme Court has the ultimate power of judicial review.
lower state and federal courts frequently deal with constitutional issues
Marbury v. Madison– Supreme Court Case that established the principle of judicial review
Established by John Marshall

43. Choosing Cases Section 3: The Supreme Court
Thousands of cases are appealed to the Court each year.
The Court may decide, with or without a formal written opinion, only about 130 to 150 of those cases.
Selected cases that generally deal with important constitutional or national questions
Four out of nine justices must vote to hear a case.
Previous verdicts stand for rejected cases.
The Court may also remand, or return, a case to a lower court for a new trial.

44. Hearing and Deciding Cases
hears cases by oral argument
Lawyers for the parties in a case each have 30 minutes to present their arguments
Then the justices spend their time reading written arguments and considering what was said in court
Private meeting to vote
Each justice has one vote, and decisions are reached by a simple majority.

45. Hearing and Deciding Cases
After deliberation and voting, the Court delivers its opinion
An opinion explains the reasoning that led to the decision
The Court’s opinion is binding on all lower courts
concurring opinion- statement written by a Supreme Court justice who agrees with the majority’s decision but for different reasons

46. Hearing and Deciding Cases
dissenting opinion explains why the justice believes the majority opinion is wrong
no effect on the law, they are still important
Many have later become the law of the land when the beliefs of society and the opinions of the justices change
Example- Plessy v. Ferguson
separate, but equal

47. Supreme Court justices
Section 3: The Supreme Court
Supreme Court justices
Size of Supreme Court determined by Congress
Are appointed by the president and approved by a Senate majority vote.
Are appointed for life but may be impeached.
No special requirements to be a Supreme Court Justice

48. American Civics
4/21/2017 c c a b
nine
Congress
Chapter 7

49. Section 3: The Supreme Court
The Main Idea
The Supreme Court hears appeals, reviews laws, and strongly influences American society.
Reading Focus
What is the power of the judicial review?
What are the constitutional checks on the Supreme Court’s powers?
How has the Supreme Court strengthened constitutional rights?

50. Checking the Court’s Power
Section 3: The Supreme Court
Checking the Court’s Power
President appoints, Senate Confirms
If the Court rules that a law is unconstitutional, Congress….
Can rewrite laws to make them constitutional
Can amend the Constitution to include new laws

51. Strengthening Rights Brown v. Board of Education Miranda v. Arizona
segregation of public schools was unconstitutional.
reversed an earlier opinion
Miranda v. Arizona
the police must inform arrested suspects of their rights before questioning them
Plessy v. Ferguson

53. First African American to serve on the Supreme Court

54. a c
Congress can change the law
write a new law
amend the Constitution

55. SECTION 3
Question: How has judicial review strengthened the Supreme Court’s power, and how does Congress limit this power?
Judicial Review
Congress
Limit
Congress may pass a similar law abiding by the Constitution or may try to amend the Constitution.
Strengthen
It asserted the Court’s power to declare laws of Congress and presidential acts unconstitutional.

56. Chapter 7 Wrap-Up
1. Describe the types of laws that exist in the United States.
2. What services do U.S. courts provide?
3. Which cases are tried in federal courts?
4. How is the federal court system organized?
5. How are appointments made to the Supreme Court, and how long do justices serve?
6. How does the Supreme Court limit Congress’s power, and how does Congress reassert it?